BENNY N. MARZULLO, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2005-08-11
No. 1D05-2895
KAHN, C.J.; PADOVANO and LEWIS, JJ., concur.
908 So. 2d 1144 Florida District Court of Appeal, First District (2005) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is denied as both successive and procedurally barred. See Fla. R.App. P. 9.141(c)(4)(B); Fla. R.App. P. 9.141(c)(5)(C).

KAHN, C.J.; PADOVANO and LEWIS, JJ., concur.

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  • Morris v. State, 134 So. 3d 1066 (Fla. 4th DCA 2013)
    …is and Xiques with respect to petitions alleging ineffective assistance of appellate counsel. Courts routinely deny successive petitions under Xiques and the rule. E.g. Hernandez v. State, 990 So. 2d 1116, 1117 (Fla. 3d DCA 2008); Marzullo v. State, 908 So. 2d 1144, 1145 (Fla. 1st DCA 2005). The authority to allow a successive IAAC petition is discretionary, not mandatory. The burden is on the petitioner to show extraordinary circumstances and good cause for the failure to have raised the issue in the prior pe…

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